Jamio lowcode nocode cloud platform

TERMS AND CONDITIONS OF USE OF THE JAMIO.COM WEBSITE

1. General information


 

The terms and conditions of use set out in this document (hereinafter the Conditions ) apply to the Jamio openwork website accessible at www.jamio.com and to the related websites accessible at instruments.jamio.com and players.jamio.com (hereinafter collectively referred to as the Site ).

The Site , owned by Openwork srl, with headquarters in Bari-Italy at via M. Partipilo 38, VAT number 05252520720 (hereinafter referred to as Openwork ), provides online information services relating to the Jamio openwork platform (hereinafter referred to as Services ).

 Openwork Intellectual Property Policy constitutes an integral and substantial part of the Conditions , for all legal purposes .

By using the Services , you accept the Terms . If you do not agree, please do not use the Services or download any materials from them.

 

2. Definitions


 

Where mentioned in the Conditions, the terms listed below shall have the meanings indicated below for the purposes of the Conditions.

User: The natural person using the Services.
Data: The User's contact information, which may be provided by the User to Openwork while using the Services or during registration.
Login Credentials: Username and password to access a software system.
Registered User: User with login credentials to use the Services.
PaaS: Acronym for Platform As A Service, a software platform provided as a service.
Support Forum: A service for aggregating and sharing information provided by users of the Jamio openwork PaaS.
IP Rights: Any and all rights, current or future, at Italian, European, or international level, deriving from patents, trademarks, utility models, designs, copyrights, software, trade secrets, images, or other identifying marks, moral rights, and other related rights, or any other industrial and/or intellectual property rights, including the right to one's name, personal image, and confidentiality of one's personal data.
Openwork Intellectual Property Policy: the document drawn up by Openwork, published at http://www.openworkbpm.com/policy-proprieta-intellettuale-openwork, which contains the Users' obligations regarding the protection of Openwork's IP Rights, as well as the powers that Openwork may exercise in this regard.
24/7/365: acronym indicating the provision of a service provided continuously 24 hours a day, seven days a week, 365 days a year.
Party: refers to Openwork or the User.
Third-Party Request: means a request for Data from a qualified third party. Third-Party Requests may include search warrants, court orders, subpoenas, or any other request for which the User does not have written consent to disclose the data.

 

3. Object


 

The Terms govern how you use and access the Service.

 

4. Features of the services


 

4.1. Registration. Registration for the Services allows access to non-public information. The User will always have the right to cancel their registration for the Services. Openwork reserves the right to cancel the registration of a registered User who violates the Terms.

4.2. Fees. Use of the Services is free.

4.3. Suspension. Openwork reserves the right to suspend the Services in whole or in part without notice.

4.4. Support Forum. Anyone can read discussions, but only registered users can reply to existing discussions or start new ones. The author of a new question is automatically notified of replies from other users at the email address specified during registration. Registered users can choose to follow any discussion in the Forum and receive notifications of replies. The Forum is not monitored 24/7/365.

 

5. Usage Policy


 

5.1. Inappropriate Use. The User is prohibited from using the Service inappropriately. For example, the User must not perform or attempt to perform the following activities:

  • – send, publish, transmit information that:
  • – conflict with or violate any third party IP rights, trade secrets, trademarks, patents or other proprietary rights;
  • – contain offensive content;
  • – contain viruses, worms, Trojan horses or any other contaminating or destructive features;
  • – damage, violate or attempt to violate the secrecy of correspondence and the right to privacy;
  • – are false, misleading or deceptive;
  • – send unsolicited communications, promotions or advertisements or spam;
  • – send altered, misleading or falsely identified information, including “spoofing” or “phishing”;
  • – promote or advertise products or services other than those you own without the relevant authorizations;
  • – collect or use email addresses, names, or other identifiers without the data subject's consent (including, without limitation, spamming, phishing, internet scams, password theft, spidering);
  • – collect or use information from third parties without the consent of the owner of the information;
  • – access or use any data, system or network without authorization, including any attempt to probe, scan or test the vulnerability of any such data, system or network;
  • – access, tamper with, or use non-public areas or portions of the Services or shared areas of the Services that you have not authorized to use;
  • – engage in any activity that interferes with the use of the Services;
  • – interfere with or tamper with any User, host or network, such as by sending viruses or spamming, overloading, or using flooding or mail-bombing techniques in any part of the Services;
  • – access or search the Services through means other than publicly supported interfaces (e.g., “scraping”);
  • – use automatic systems or other means to create a large number of registered Users or to access the Services by means other than the official interface;
  • – provide the public with information (textual or graphic) that is harmful to Openwork's image;
  • – which in any case are in conflict with the applicable legislative and/or regulatory provisions.

5.2. Vulnerability Testing. The User may not in any way attempt to probe, scan, penetrate, or test the vulnerability of the Services or breach the security of the Services or related authentication procedures, whether through passive or invasive techniques, without the express written consent of Openwork.

5.3. Offensive Content You may not send, publish, or transmit through the Service any content that Openwork reasonably deems to be:

  • – constitute, depict, favor, promote or refer in any way to paedophilia, racism, fanaticism, terrorism, or pornographic content that is not inserted in compliance with the regulations in force on the matter and accessible only to persons of legal age;
  • – be excessively violent, incite violence, contain threats, harassment or hate speech;
  • – be unfair or deceptive under any consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
  • – be defamatory or violate a person's privacy;
  • – create a risk to personal safety or health, a risk to public safety or public health, compromise national security or interfere with investigations by the judicial authorities;
  • – improperly disclose trade secrets or other confidential or proprietary information of third parties;
  • – have the purpose of assisting others to circumvent copyright rights;
  • – violate any third party’s copyright, trademark, patent, or other proprietary right;
  • – promote illegal drugs, violate export control laws, relate to illegal gambling or illegal arms trafficking;
  • – be otherwise unlawful or solicit conduct that is unlawful under applicable laws in the relevant jurisdiction of the User or Openwork;
  • – be otherwise harmful, fraudulent, or could give rise to legal action against Openwork;
  • contain defamatory, libelous or threatening content;

5.4. Copyrighted Material You may not use the Services to download, publish, distribute, copy, or otherwise use any copyrighted text, music, software, art, images, or other works, except where:

  • – has been expressly authorized by the owner of the rights;
  • – is otherwise permitted by applicable copyright laws in the relevant jurisdiction.

5.5. Copyrighted Material. Responsibility for any content posted by registered Users lies solely with them. The fact that content is shared through the Services does not mean that Openwork has approved the content or verified its accuracy, completeness, or usefulness.

5.6. The User is prohibited from:

  • – register for the Services if you are under the age of 13 or the applicable minimum age in your jurisdiction.
  • – decode or reverse engineer the Services, or attempt to do so or assist anyone to do so, unless such restriction is prohibited by law.

By content “posted” or “transmitted” via the Service we mean any type of information.

 

 

6. Links


 

Openwork assumes no responsibility for materials created or published by third parties to which the Services are linked. Anyone who decides to visit a site linked to the Services does so at their own risk and assumes the responsibility of taking all measures necessary to protect against viruses or other destructive elements. Links to other sites do not imply that Openwork sponsors or is affiliated with the entities providing the services described on those sites.

 

7. User obligations


 

7.1. Compliance. The User indemnifies Openwork and agrees to be solely responsible for the use of the Services and undertakes to use them in accordance with the provisions of the Conditions.

7.2. Identity. The registered User also guarantees, under his or her own personal and exclusive responsibility, that the information provided during registration is accurate, up-to-date, and truthful, and that it allows his or her true identity to be identified. The User undertakes to notify Openwork of any changes to the information provided and to provide adequate proof of his or her identity at any time, upon Openwork's request.

 

8. Intellectual property rights


 

The User declares to have read and fully accept the provisions contained in the attached Openwork Intellectual Property Policy , without prejudice to the possibility of storing on his/her computer or printing extracts of the pages of the Services solely for personal use.

 

9. Indemnity clause


 

9.1. User Obligations. The User indemnifies Openwork and agrees to be solely responsible for the use of the Services and undertakes to use them in accordance with the provisions of the Terms. The User agrees to indemnify, hold harmless, and hold Openwork harmless from any prejudicial consequences or third-party claims, from all losses, damages, liabilities, costs, charges, and expenses, including legal fees, that may be incurred or suffered by Openwork arising from a third-party claim against Openwork or its affiliates regarding the User's use of the Services in violation of these Terms.

9.2. Dispute Management. Openwork will promptly notify the User of the claim and will cooperate with the User in the defense. The User will have complete control and responsibility for the defense, except that (a) any settlement involving an admission of liability by Openwork requires prior written consent, which cannot be unreasonably withheld or delayed, and (b) Openwork wishes to participate in the defense with its own counsel and at its own expense.
10. Disclaimer.

 

10. Disclaimer


 

Openwork does not guarantee that the Services are free from defects or errors and disclaims any warranty of any kind, implied, explicit, statutory or otherwise.

 

 

11. Limitation of liability


 

11.1 Limitation of Indirect Liability. Openwork 's indemnification obligations (pursuant to Section 9.1 of the Openwork Intellectual Property Policy User 's (pursuant to Section 12.1), neither the User nor Openwork will be liable under the Terms for (a) indirect, special, incidental, consequential, exemplary, or punitive damages or (b) loss of use, data, business, revenues, or profits (whether direct or indirect), even if the Party knew or should have known that such damages could occur and even if the damages are not satisfactorily remedied.

11.2. Limitation of Liability. Any compensation or damages to the User for direct or indirect damages of any nature or kind arising from the use of the Services are expressly excluded, now and then.

 

12. Disputes


 

12.1. Informal Resolution. Openwork intends to address issues without resorting to legal action. The User agrees to attempt to resolve the dispute by contacting Openwork using the notification procedures described in Article 17.4. If the dispute is not resolved within 30 (thirty) days of notification, the User or Openwork may file a lawsuit.

12.2. Arbitration Clause. The User agrees to resolve any claim regarding the use of the Services through final and binding arbitration, except as provided below. The Arbitration and Mediation Chamber of the Bari Chamber of Commerce will administer the arbitration pursuant to the Arbitration Rules established by it.

12.3. Exceptions to the Arbitration Clause. The User and Openwork may file a lawsuit in the Court of Bari, without first initiating the informal dispute notification process described above, exclusively for injunctive relief to prevent unauthorized use or abuse of the Services or infringement of IP Rights. The User consents to such venue and jurisdiction.

 

13. Confidentiality


 

The User and Openwork mutually undertake to treat as confidential any data or information known or managed in connection with the activities for the performance of the Services.

 

14. Changes


 

Openwork reserves the right to periodically update the Services and to periodically modify the Conditions and the Openwork Intellectual Property Policy.

 

15. Safeguard clause


 

If any provision of these Terms and Conditions is held to be illegal, invalid, or unenforceable for any reason, except where the removal or deletion of such illegal, invalid, or unenforceable provision would prevent enforcement of these Terms and Conditions, the legality, validity, and enforceability of the remaining provisions of these Terms and Conditions shall remain unaffected, and these Terms and Conditions shall be construed as if such illegal, invalid, or unenforceable provision had never been included in these Terms and Conditions. Unenforceable provisions will be modified to reflect the Parties' intention and only to the extent necessary to make them enforceable.

 

16. Miscellaneous


 

16.1. Applicable law. The Terms and Conditions are governed exclusively by the laws of the Republic of Italy.

16.2. Waiver. A waiver of any provision does not constitute a waiver of the remaining provisions.

16.3. Notifications. Notifications to Openwork must be sent via certified email to openwork@pec.it and are deemed delivered upon receipt. Notifications to registered users, unless otherwise specified, are sent to their email address and are deemed delivered upon dispatch.

16.4. Competent Court. Any dispute arising from these Terms and Conditions shall be subject to the exclusive jurisdiction of the Court of Bari.

 

 

Last modified: June 1, 2016,
jamio.com